Monserrate v. State

MORRIS, Judge.

Nelson Monserrate appeals the denial of his pro se motion for return of personal property. The circuit court summarily denied the motion, finding that under section 705.105(1), Florida Statutes (2007), the property had been seized pursuant to a lawful investigation or was held as evidence by a law enforcement agency and that title to the property vested in that agency when Monserrate did not seek timely return of the property within sixty days after the proceedings against him were concluded.

When summarily denying a motion for return of property pursuant to the sixty-day time…